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(영문) 서울중앙지방법원 2015.06.11 2014가단191119
건물인도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

가. 원고의 주장 원고는 2012. 3. 6. 피고에게 별지 목록 기재 건물의 3층 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 차례로 연결한 선내 ㈎부분 6.6㎡(이하 ‘이 사건 임차부분’이라 한다)를 차임 월 20만 원(선불)으로 정하여 임대하였는데 당시 임대차계약서 등 서류를 작성하지는 않았다.

The defendant paid the rent of 40,000 won in advance at the time of entering into a contract, and paid the rent of 1 month around June 20, 2012 without paying the rent of 400,000 won in advance at the time of entering into the contract, and on June 20, 2012, he paid the rent of 1 month around the 20th day of each month, which is the rent to be paid continuously on the 6th day of each month. Ultimately, since the amount paid by the defendant as rent is appropriated for the rent of 6th day of the month before the time when the time comes first, the defendant was in a smuggling state from that time to that of 1 month or 2 months each month.

Therefore, as of July 7, 2014, when the plaintiff notified the defendant of the termination of the lease contract orally, the defendant should pay the rent to the defendant on June 6, 2014.

7.6. Not paying the rent that has to be paid on June (the principal delayed period) and as of November 7, 2014, when the duplicate of the complaint of this case reaches the Defendant, the Defendant did not pay the rent that should be paid on October 6, 2014 of the same year (the preliminary delayed period). Thus, the lease contract of this case was lawfully terminated on or around July 7, 2014, when the Plaintiff notified the termination of the lease contract, or around November 7, 2014, when the duplicate of the complaint of this case was delivered to the Defendant, and the Defendant is obligated to deliver the leased portion of this case to the Plaintiff and pay the rent of KRW 200,000,000,000,000,000,000,000,000,000,000,000 won.

B. The Defendant’s assertion that the instant lease contract was concluded between the Plaintiff and the Plaintiff is neither March 6, 2012, nor May 2012, and KRW 200,000 per month.

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